Judgment[1991] KEHC 33
Case law
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Division and case type: CivilCivil Case
REPUBLIC OF KENYA Losiamuro v Lochab Brothers & another High Court, at Mombasa December 30, 1991 Wambilyangah J Civil Case No 48 of 1988
Division and case type: CivilCivil Case
N Wasike v Destimo Wamboko (1982-1988) KAR 625 where it was said that a consent judgment or order has the contractual effect and can only be set aside on those grounds which would justify the setting of a contract. Those grounds are such as fraud, mistake or misrepresentation.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Njoroge v Prestige Air Services Ltd High Court, at Mombasa August 15, 1991 Wambilyangah J Civil Case No 204 of 1990 Civil Practice and Procedure – setting aside - default judgment – judgment in default of defence – discretion to set aside such judgment – principles on which this discretion is exercised – where delay in filing defence was out of the defendant’s advocate’s mistake – whether justice required that default judgment be set aside in such a case. The plaintiff applied
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Kimani v Republic High Court, at Mombasa March 18, 1991 Wambilyangah J Criminal Appeal Case No 266 of 1990 (From original conviction and sentence in Criminal Case No 269 of 1990 of the Resident Magistrate’s Court at Voi, JM Manyasi (Miss) RM) Evidence – identification evidence – accused momentarily encountering his attacker who later blindfolds him – whether circumstances conducive for proper identification - whether known foot marks can be used to support allegation of the pre
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Southern Oil Supplies Co Ltd v SGS Kenya Ltd High Court, at Mombasa February 5, 1991 Wambilyangah J Civil Case No 724 of 1985 Civil Practice and Procedure - security for costs – court’s discretion in making an order for security – order XXV rule 1 of the Civil Procedure Rules - section 401 Companies Act - onus of proof in an applicaton for security for costs. The defendants brought ann application seeking security for costs under Order XXV rule 1 and section 401 of the Compani
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Hamisi v Republic High Court, at Mombasa January 17, 1991 Wambilyangah Ag J Criminal Appeal No 388 of 1990 Criminal Law – defilement of a girl under the age of 14 years – essential ingredients to be proved. Criminal Law – rape – whether it is proper to prefer a charge for rape where the apparent age and obvious appearance of the complainant is less than 14 years.